Citation Nr: 18147712 Decision Date: 11/06/18 Archive Date: 11/05/18 DOCKET NO. 15-17 695 DATE: November 6, 2018 ORDER New and material evidence having been received, the claim for service connection for posttraumatic stress disorder (PTSD) is reopened; the claim is granted to this extent only. REMANDED Entitlement to service connection for a psychiatric disorder, to include PTSD, is remanded. FINDINGS OF FACT 1. In an August 1999 rating decision, the Regional Office (RO) denied service connection for PTSD on the basis that there was no evidence of a current diagnosis, in-service stressor, or relationship to service. 2. Evidence received after the August 1999 denial relates to unestablished facts necessary to substantiate that claim of service connection and raises a reasonable possibility of substantiating that underlying claim. CONCLUSIONS OF LAW 1. The RO’s August 1999 denial of service connection for PTSD is final. 38 U.S.C. § 7105; 38 C.F.R. § 3.104, 20.200, 20.302, 20.1103. 2. Evidence received since the final August 1999 rating decision is new and material. 38 U.S.C. §§ 5103, 5103A, 5107, 5108, 7105; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from January 1973 to February 1976. He testified before the undersigned Veterans Law Judge during an October 2018 hearing. This matter is on appeal from a December 2012 rating decision. In this case, the Veteran did not submit a notice of disagreement in response to the August 1999 rating decision denying service connection on the basis that there was no evidence of a current diagnosis; in-service stressor; or relationship to service. 38 U.S.C. § 7105. Evidence received since that decision includes an October 2011 treatment record diagnosing the Veteran with PTSD related to in-service stressors. This evidence is new to the record, relates to a previously unestablished diagnosis related to service, and raises a reasonable possibility of substantiating the claim. 38 C.F.R. § 3.156(a). Accordingly, the claim is reopened, and any deficiencies of notification and development in this case will be addressed on remand. REASONS FOR REMAND 1. Entitlement to service connection for PTSD is remanded. More information is needed to allow the Board of Veterans’ Appeals (Board) to make a fully-informed decision. While the Veteran has a current diagnosis of PTSD, no examiner has opined whether the diagnosis is at least as likely as not related to the Veteran's military service, especially in light of the suicidal thoughts and chronic alcoholism noted in November 1975. The Board has expanded this claim to include all psychiatric disorders, not just PTSD, pursuant to Clemens v. Shinseki, 23 Vet. App. 1 (2009). The matter is REMANDED for the following action: 1. Furnish the Veteran with a 38 C.F.R. § 3.159(b) notice letter addressing his reopened claim for service connection for PTSD, including notice required for PTSD claims based on personal assaults, and allow time for a response. In accord with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records. 2. Obtain the Veteran’s disability records from the Social Security Administration (SSA). Document all requests for information as well as all responses in the claims file. 3. Attempt to corroborate the Veteran’s in-service stressors as discussed in an October 2011 treatment record (nearly falling through an open hatch on a ship) and in a September 2012 statement (being stabbed in the back and indirectly responsible for the deaths of two pilots) based on any additional information provided by the Veteran. If more details are needed, contact the Veteran to request the information. 4. Accord the Veteran a VA medical examination, with a medical professional of appropriate expertise who has reviewed the claims file, to determine the nature, extent, and etiology of any diagnosed psychiatric disorder, including PTSD. A complete rationale should be given for all opinions and conclusions expressed. The examiner must opinion as to whether it is at least as likely as not (i.e., probability of approximately 50 percent) that any diagnosed psychiatric disorder, including PTSD, is related to the Veteran's military service, including stressors as reported in an October 2011 treatment record (almost falling through an open hatch on a ship) and in a September 2012 statement (being stabbed in the back and indirectly responsible for the deaths of two pilots). The examiner should consider the in-service treatment for suicidal thoughts and chronic alcoholism in November 1975. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Barstow, Counsel